The proposals are intended to ensure equal status

The Scottish Cabinet is due to decide on Wednesday whether or not to sanction gay marriage in the form of new legal rights for same sex couples.

BBC Scotland understands that while ministers would have power to legislate north of the border they may be prepared to agree that Westminster should legislate for the whole of the UK.

That decision could anger some MSPs who believe Scotland should be prepared to go its own way.

Same rights

The Scottish Executive confirmed that it had been looking "with interest" at proposals to give same sex couples next-of-kin rights south of the border.

The Westminster plans would allow partnerships to be formally registered, giving visiting rights in hospital, a share in a dead partner's pension and exemption from inheritance tax on a shared home.

The equality minister in England and Wales, Jacqui Smith, said she wanted to give gay partners the same rights as heterosexual partners.

BBC Scotland Political Editor Brian Taylor said: "Scotland's Cabinet has three options - drop the issue altogether, introduce its own reforms to Scots law or ask Westminster to legislate for the whole of the UK.

"They may well ask Westminster to tackle the job - although that would anger those who say Scots law is different and demands different treatment. "

Most people in Scotland have no problem with the idea that couples should have equal responsibilities and rights under the law. Patrick Harvie Green MSP

Green MSP Patrick Harvie, who has proposed a member's bill on civil partnerships in the Scottish Parliament, said Holyrood should decide the matter for itself.

On Tuesday, Mr Harvie welcomed a decision by the parliament's equal opportunities committee to take evidence on the issue.

He said a Sewell motion - allowing Westminster to legislate for Scotland - was not the way forward.

He also rejected criticism of his proposals which he said would mean equality of status for all couples in committed relationships.

Mr Harvie said: "I believe that the controversy has itself been talked up by people with a conservative agenda.

"Most people in Scotland have no problem with the idea that couples should have equal responsibilities and rights under the law.

"This affects no-one's lives except the couples who choose to sign up and it extends legal protection to people who are discriminated against under the law."

However Liberal Democrat backbencher Mike Rumbles said the decision would be best left to Westminster.

"I'm interested not in gesture politics but practical politics," he said. "The main drive for this change is coming from the UK Parliament."